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HomeMy WebLinkAbout10-3034G;) 2u10I -; 2 v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff VS. JANET S GEIBEL Defendant No. , !a 3 03 1 COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 07958711 C J Pit SJS C) 9a 9C'7 3 a. s5? ac/ / 741? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff Vs. Civil Action No JANET S GEIBEL Defendant COMPLAINT AND NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff, CHASE BANK USA, N.A. is a corporation with offices at 3700 WISEMAN BLVD. SAN ANTONIO , TX 78251 . 2. Defendant , is adult individual(s) residing at the address listed below: JANET S GEIBEL 343 LIBERTY CT MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number XXXXXXXXXXXX5215 . 4. Defendant made use of said credit card and has a current balance due of $8006.61 5. Defendant is in default of the terms of the Cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 6. Plaintiff avers that the Cardholder Agreement between the parties provides that Defendant will pay Plaintiff's attorneys' fees. 7. Plaintiff avers that such attorneys' fees will amount to $300.00 . 8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, and accrued interest or any part thereof to Plaintiff. Wherefore, the Plaintiff prays for judgment against Defendant , JANET S GEIBEL , INDIVIDUALLY , the amount of $8006.61 with continuing interest thereon at the statutory rate of 6.000% per annum from April 12, 2010 , plus attorneys fees of $300.00 and costs. fames c. WELTM?12 436 S07958711 C J Pit SJS Pitts(412) FAX: This law firm is a debt collector attemp in our client and any information obtained iYl EINBERG & REIS CO., L.P.A. h Avenue, Suite 1400 , PA 15219 7955 38-7130 to collect this debt for be used for that.purpose. Payment Due Date New Balance Past Due Amount Mlhlmum Payment 10!17!09 57,856.79 $843.00 51,913,79 Account number. 5323 5044 3042 5215 Make your chock payable to: J ChaOa Card Services. Plea9e write smo amount enclosed Now address or a-rnei7 Print on back 53235044304252150019137900785679000DODOOOOOO000 82226 SEX Z 2009 C JANET S GEIBEL 33443LIIBBERTY ICTL MECHANICSBVRG PA 170501840 L.rIN,Lrb.IrLILdlrrrLlrrrrllrLlrrJlrrlrbrrlirrllrrl CARDMEMBER SERVICE PO BOX 15163 WILMINGTON DE 19886.5153 Irnllinrlllunirirllnnrrlllnlrriulilnrrlulnlirinrll 1:5000160 261: L. 5344 304 25 2 i56ae Statement Date: slate- 08123/09 - 09122109 Manage your accoum oruins: from CHASE O www.chase.coMrnedkcards Minimum Payment: $1,913.79 Payment Due Date: 1OMT109 Additional contact information ACCOUNT SUMMARY Account Number: 5323 5044 3042 5216 convanlentry located on inverse silo Previous Balance $7,582.05 Total Credit Line $7,100 Purchases, Cash, Debits +$70.00 Available Credit $0 Finance Charges +$19634 Cosh Access Line $7,100 New Balance 6.79 Available for Cash $0 The charge privileges on your credo Gard account have been revoked. You no longer have the ability to use your credit card account for purchases. We can help you gel back on track. Call 14=456-8030 (collect 1 302-694-8200) today. ACCOUN ACTIVITY Date of Transaction Merchant Name or Transaction Description S Amount 09116 LATE FEE 39.00 08!23 OVERLIMIT FEE 30,00 FINANCE CHARGES Finance Charge Transaction Deity Periodic Rate Cwresp. Average Daily Due To Fee I Accumulated FINANCE Category 31 days in cycle APR Balance Periodic Rate Service Charge Ftn Charge CHARGES Purchases V .08216% 29,99% $7,724.56 $198,74 $0.00 $0.00 $196.74 Cash advances V.08216% 29.99% $0.00 $OAO $0.00 $0.00 $0.00 Total finance charges $196.74 Effective Annual Percentage Rate (APR): 29,99% Please see information About Your Account section for balance computation method, grace period, and other Important Information, The Corresponding APR Is the rate of Interest you pay when you carry a balance on any transaction category. The Effective APR represents your total finance charges - including transaction fees - _.., such ascash advance and balance transfer. lees -.oxpretsed as, apercelltage•_ EXHIBIT 7958711 This Statement Is a Facsimile - Not an original 0000001 11SJD076 C I 000 N Z 22 09bara Paae 1 at 1 M90 MAMA 57[26 260IMIXI100062226M1 X CMA12762 Card member Agreement ACCEPTANCE OFTHIS AGREEMENT This agreement governs your credit card account with Lis referenced on the card carrier containing the card for this account. Any use of your account is covered by this agreement. Please read the entire agreement and keep it for your records. You authorize us to pay for and charge your account for all transactions made on your account. You promise to pay us for all transactions made on your account, as well as any fees or finance charges. If this is a joint account, each of you, together and individually, is responsible for paying all amounts owed, even it the account is used by only one of you, We may require that you pay the full amount owed without first asking the other person(s) to pay. Please sign the back of your card when you receive it. You will be bound by this agreement if you or anyone authorized by you use your account for any purpose, evoo if you don't sign your card. Whatheryou use your account or not, you will be bound by this agreement unless you cancel your account within 30 days after receiving your card and you have not used your account for any purpose. Throughout this agreement, the words "we', "us" and 'our mean Chase Bank USA, N.A., the issuer of your credit card and account. The words "yon", "your" and 'yours" mean all parsons responsible for complyiogwith this agreement, including the personwho applied for the account and the person to whom we address billing statements, as well as any person who agrees to be liable on the account. Theword "card' means one or more cards or other access devices, such as account numbers, that we have issued to permit you to obtain credit under this agreement. USING YOUR ACCOUNT Your account is o consumer account and shall be used only for personal, family or household purposes. Unless we agree or it is required by law, we will not be responsible for merchandise or services purchased or leased through use of your account. You promise to use your account only for valid and lawful transactions, For example, Internet gambling may be illegal in some places. It is not our responsibility to make sure that you use your account only for permissible transactions, and you will remain responsible for paying for a transaction even if it is not permissible or contemplated under this agreement. Types of Transactions: Purchnses: You may use your card to pay for goods or services. • Checks: We may provide you cash advance checks or balance transfer chocks as a way to use your account. We also refer to them in this agreoment as a check or chocks. You may use a check to payforgoods orserviees,totransfer balances toyour account, or for other uses we allow. But you may not use these checks to transfer balances to this account from other accounts with us or any of our related companies. Only the person whose name is printed on the check maysign the check. Cash advance checks are treated as cash advances and balance transfer checks are treated as balance transfers except as noted in this agreement or any olferwe make to you, We may Least checks that we call convenience checks as balance transfer checks. However, checks that we call convenience checks and that we indicated to you are subject to the terms lorcash advances, maybe treated as cash advances and assessed cash advance rates and fees. Balance Transfers: You may trattsler balances from otter accounts DOOM with other credit card issuers or other lenders to this account, or other balance translors we allow, But you may not transfer balances to this account from other accounts with us or any of our related companies. 11 a portion of a requested balance transfer will exceed your available credit line, we may process a partial balance transfer up to your available credit line. • Cash Advances: You may use your card to get cash from automatic teller machines, or from financial institutions accepting the card; or to obtain travelers checks, foreign currency, money orders, wire transfers or similar cash-like charges; or to obtain lottery tickets, casino.gaming chips, race track wagers or for similar betting transactions. You may also use a third party service to make a payment on your behalf and bill the payment to this account. Overdraft Advances: If you have an eligible checking account with one of our related banks, you may link this account to your checking account with our related bank to cover an overdraft on that checking account under the terms of this agreement and your checking account agreement. Billing Cycle; In order to manage your account, we divide time into periods called"billing cycles". Each billing cycle is approximately one month in length. For each calendar month, your account will have a billing cycle that ends in that month. Your account will have o billing cycle ending in each calendar month whether or not there is a billing statement for that billing cycle. Authorized Users; If you allow someone to use your account, that person will be an authorized user. You may request an additional card for use by an authorizod user on your account. It you do so, this account may appeal on the creditreport of that authorized user. You should think carefully before allowing anyone to become an authorized user because you are allowing that person to use the account as you can. You will remain responsible for the use of your account and each card issued on youraccount according to the terms of this agreement. This includes your responsibility for paying all charges on your account made by an authorized user. You must notify us to terminate an authorized use. s permission to use your account. If you notify us, we may close the account and/or issue a new card or cards with a different account number. You should also recover and destroy any cards, checks or any other means of access to your account from that authorized user. Credit Line: Your credit line appears on your billing statements. We may also refer to the credit line as a credit limit. Your billing statement may also show that only a portion of your credit line may be used for cash advances. Cash advances, including cash advance checks, are charged against the cash advance portion Of your credit line, and all other transactions are charged against your credit tine. You are responsible for keeping track Page 1 of 6 of your account balance, including any fees and finance charges, and making sure it remains below your credit line. If your account balance is over your credit line'$or any reason, we may charge you an ovorlimit too as described in this agreement. We may, but are not required to, authorize charges that go over your credit line. You must pay any amount over your credit line, and you must pay us immediately if we ask you to. This agreement applios to any balance on your account, including any balance over your credit line. At our discretion, we may increase, reduce, or cancel your credit lino, or the cash advance portion at your credit line, at any time. However, if you have asked us not to do so, we will not increase your creditline. Achange to your credit line will not ailed your obiigalion to pay us. International Transactions; International transactions include any transaction that you make in a foreign currency or that you make outside of the United States of America even if it is made in U.S. dollars. If you make a transaction in a foreign currency, Visa International or MasterCard International, Inc., will convert the transaction into U.S. dollars byusing its respective currency conversion procedures. The exchange rate each antity, uses to convert currency is a rate that it selects either from the range of rates available in the wholesale currency markets for the applicable processing dote (which rate may vary from the rate the respective ontlty, itself receives), or the government-mandated rate in effecton the applicable processing date. The rate in effect on the applicable processing date may diffor from the rate on the date you usod your card or account. We reserve the right to charge you an addilional3%of the U.S. dollar amount of any international transaction, whether that transaction was originally made in U.S. dollars or was made in another currency and converted to U,S. dollars by Visa or MasterCard, In either case, the 3% will be calculated on the U.S. dollar amount provided to us by that entity The same process and charges may apply it any international transaction is reversed. Refusal to Authorize Transactions; We may, but are not required to, decline a transaction on your account for any of the following reasons: • because of operational considerations, • because your account is in default, • if we suspect fraudulent or unlawful activity or, • In our discretion, for any other reason. We are not responsible for any losses if a transaction on your account is declined for any reason, either by us or a third party, even it you have sufficient credit available. For online transactions, we may require that you register your account with an authorization system that we select, We will notify you if we Want you to register. If you do not register, we may decline your online transactions, Refusal to Pay Checks: Each chock you write is your request for funds, When we receive a check for payment, we may review your account to decide whether to authorize that check. We may, but are not required to, reject and return unpaid a check for any reason, including the following examples: We or one of our related companies is the payee on the check. Your credit line or cash advance portion of your credit line has bean excuoded, or would be exceeded if we paid the check. • The choekis post-dated. l) a post-dated check is paid, resulting in another check being returned or not paid, we are not responsible, • You have used the check after the data specilied on it. You are in default or would be if we paid the check. Lost or Stolen Cards, Checks or Account Numbers: If any card, check, account number or other moans to access your account is lost or stolen, or you think someone used or may use them without your permission, you must notify us at once by calling the Cardmember Service telephone number shown on your card or billing statement. Do not eso your account after you notify us, even if your card, check, account number or other n eans to access your account is found or returned. We may terminate or suspend your n adh privileges when you notify us of any loss, theft or unauthorized use related to your account. You may be liable if there is unauthorized use of your account from which you receive no benefit, but you will not be liable for more than $50.00 of such transactions, and you wil not be liable for any such transactions made after you notify us of the loss, thuft or unauthorized use. However, you must identify lot us the unauthorized charges from which you received no benefit. We may require you to provide us information in writing to help us find out what happened. We may also require you to comply with curtain procoduros in connection with our iirvestigation. PAYMENTS Payment Instructions: Your billing statement and accompanying envelope include instructions you must follow for making payments and sets forth the data and lima by which we must receive the payment. You agree to pay us amounts you owe in U.S. dollars drawn on funds on deposit in a U.S. financial institution or the U.S. branch of a foreign financial institution using a payment chock, money order or automatic dobit that will be processed or honored byyour financial listitutfon. We will not accept cash payments. Your total available credit may not be restored for up to 15 days after we receive your payment. Any payment check or other form of payment which you send to us for less than the full valance that is marked "paid in lull'or with a similar notation or that you otherwise tender in lull satisfaction of a disputed amount (conditional payments), must be sent to us at the conditional payments address listed on your monthly storefront. We reserve all our rights regarding such payments. For example, if it is determined there is no valid dispute or it any such payment is received at any other address, we may accept the payment and you will stilt owe any remaining balance. We may refuse to accept any such payment by returning it to you, not cashing it or by destroying it. All other payments that you make should be sent to the regular payment address shown on your monthly statements. EXHIBIT 71 We reserve the right to electronically collect your eligible payment checks, at first presentment and any representment, from the bank account on which the check is drawn, Our receipt of your payment,checks is your authorization for us to collect the amount of the check electronically, or, if needed, by a draft drawn against the bank account. Payment checks will be collected electronically by sending the check amount along with the check, routing and account numbers to your bank, Your bank account may be debited as early as the same day we receive your payment. The original payment check will be destroyed and an Image will be maintained in our records. Minimum Payment: You agree to pay at least the minimum payment due, as shown on your billing statement, so that we receive it by the date and time payment is due, You may pay more than the minimum payment due and may pay rho full amount you owe us at any time. If you have a balance that is subject to finance charges, the sooner you pay us, the less you will pay in finance charges because finance charges accrue on your balance each day. Your billing statement shows your beginning balance and your ending balance (the 'New Balance" on your billing statement). If the Now Balance is 510.00 or less, your minimum payment duo will be the New Balance. Otherwise, it will be the largest of the following: S10.00; 2% of the New 8slance' or the sum of 1% of the Now Balance, total billed periodic rate finance charges, and any billed late and overlimit lees. As pan of the minimum payment due, we also add any amount past due and any amount over your credit line. Payment Allocation: You agree that we are authorized to allocate your payments and credits in a way that is most favorable to or convenient for us. For example, you authorize us.to apply your payments and credits to balances with lower APRs (such as promotional APRs) before balances with higher APRs. Credit Balances: You may request a rotund of a credit balance at any time. We may reduce the amount of any credit balance by the amount of new charges or fees billed to your account. Aulomatic Charges: You may authorize a third party to automatically charge your account for repeat transactions (fo(example, monthly utility charges, memberships and insurance premiums). 11 automatic charges are stopped for any reason (including because your account is closed or suspended for any reason) or your account number changes, you are responsible for notifying ilia billor and paying these charges directly. If your account number changes, we may, but are not required to, pay (Tom your new account number charges that you authorized to be billed to your old account number, Promotions: From time to time we may offer special terms for your account. If we do, we will notify you about the terms of the offer and how long theywill be in effect. Any promotion is subject to the terms of this agreement, as modified by the promotional offer. FINANCE CHARGES Daily Periodic Rates and Annual Percentage Rates: Your annual percentage rates ("APRs") and the corresponding daily periodic rates are listed on the Rates and Fees Table that is at the end of this document or provided separately. To got the daily periodic rate we divide the APR by 365, and in effect always round up at the fifth place to the right of the decimal point. Variable Rates:One or more APRs that apptyto youraccount mayvarywith changes to the Prime Rate, When you have an APR that varies with changes to the Prime Rate, we calculate the APR by adding a margin to the Prime note published in rho Wall Street Journaltwo business days before the Closing pate shown on your billing statement. The'Prime Rate" is the highest (U.S.) Prime Rate published in the Money Rates section of The Wall &reat Journal. If The WaffStreetJournal stops publishing the Pritno Rate, we wilt select a similar reference rate and inform you on your billing statement or through a separate notice: A "margin" is the percentage we add to the Prime Rate to calculate the APO. A 'business day is any day that is not a weekend or federal holiday, The Rates and. fees Table shows which rates, if any, are variable rates. It also lists the margin for each variable Tate and any minimum daily periodic rate and corresponding APO, Two business days before the Closing Date shown on your billing statement, we see what the Prime Rate is, We then add the applicablo margin to that Prime Rate to get the APR. Thu daily periodic rate is calculated as described above. If our calculation results in a change to a daily periodic rote from the previous billing cycle because the Prime Rate has changed, the oew rate will apply as of the first day of your billing cycle that ends in the calendar month in which we made the calculation, Uthe daily periodic rate increases, youwi0 have to pays higher periodic finance charge and may have to pay a higher minimum payment. Default Rates: Your APRs also may vary if you are in default under this agreement or any other agreement you have with us or any of our related companies for anyof tine following reasons: • We do not receive, for any payment that is owed on this account or any other account or loan with us, at least the minimum paytneni due by the date and time due. • You exceed your credit line on this account. You make a payment to us that is not honored by your bank. If any of these events occurs, we may increase the APRs lincluding any promotional APR) on all balances (excluding overdraft advances) up to a maximum of the default tale stated in the Rates and Fees Table. We may consider the following factors to determine your default rate: the length of time your account has been open, the existence, seriousness and timing of the defaults on your account; atherindlcations of your account usage and performance; information aboutyour other relationships with us or any of our related companies; and information we obtain from consumer credit reports obtained from credit bureaus. The default rate will take effect as of the first day of the billing cycle in which the default occurs. It we decide not to increase your APR even though theta is a default or if we do not increase your APR up to the maximum default rate stated in the Rates and Fees Table, we reserve our right to increase your APR in the event of any future default. We may in our discretion determine td charge reduced default rates or reinstate standard rates for all or selected balances on your account. Finance Charge Calculation - Average Daily Balance Method (Including New Transactions); We calculate periodic finance charges separately for each balance assocfatedwith a different category of transactions iforexample, purchases, balance transfers, balance transfer chocks, cash advances, cash advance checks, overdraft advances, and each promotion}.These calculations maycombine different categories with the same daily periodic rates. This is how it works: We calculate periodic finance charges for purchases, balance transfers, balance transfer checks, oath advances, cash advance checks, and overdraft advances by multiplying the daily balance for each of those categories by the daily periodic rate for each of these categories, each day. You may have overdrah advances only if you have linked this account to a checking account with one of our related banks. We calculate the periodic finance charges forpurchases, balance transfers, balance transfer checks, cash advances, and cash advance chocks subjecrto a promotional rate the same way, but we use the promotional rate. To gat the daily balance for each day for each category: • We take the beginning balance for that day, • We add to that balance any now transactions, fees, other charges, and debit adjustments that apply to that category. We add it now purchase, cash advance, balance transfer or overdraft advance, if applicable, to rho daily balance as of the transaction data, or a later date of our choice. We add n new cash advance check or balance transfer check to the daily balance as of the data the cash advance check or balance transfer check is deposited by a payee, or a later date of our choice. • We subtract from that balance any payments, credits, or credit adjustments that apply to that category and that are credited as of that day. • We treat a credit balance as a balance of zero. To get the beginning balance for each category for the next day, we add the daily periodic finance charge to the daily balance, If more then one daily periodic rate could apply to a category because the rate for the category may vary based on rho amount of its average daily balance, we will use the daily periodic rate that applies for the average daily balance amount at the end of the billing cycle to calculate the daily periodic finance charge each day. This agreement provides for daily compounding of finance charges. To gat the total periodic finance charge for tho billing cycle, we add all of the daily periodic finance charges for each category for uach day during that billing cycle, However, it any periodic finance charge is due, we will charge you at least the minimum periodic finance charge stated in the Rates and Fees Table, Il it is necessary to add an additional amount to reach the minimum finance charge, we add that amount to the balance for purchases made during the billing cycle. The total finance charge on your account for a billing cycle will be the sum of the periodic finance charges plus any transaction tea finance charges. For each cotegorywe calculate an average daily balance (including new transactions) for the billing cycle by adding all your daily balances and dividing that amount by the number of days in the billing cycle. It you multiply the average daily balance for a categoryby the applicable da0y periodic rate, and multiply the result by the number of days in the billing cycle, the torsi will equal the periodic finance charges for that balance attributable to that billing cycle, except for minor variations due to rounding. Grace Period and Accrual of Finance Charges: We accrue periodic finance charges on a transaction, fee, or finance charge from the date it is added to your daily balance until payment in full is received on your account. However, we do not charge periodic finance charges on now purchases billed during a billing cycle if we receive payment ofyour Now.Bafance by the date and time your minimum payment is due and we received payment of your New Balance on your previous billing statement by the date and tirhe your payment was due. This exception or "grace period" applies only to purchases and does not applyto balance transfers, balance transfer chocks, cash advances, cash advance checks or overdraft advances, if applicable. Transaction Fees for Cash Advances: We may charge you a cash advance fee in the amount stated in ilia Rates and fees Table for cash advance checks and cash advances. In addition, if you use a third party service to make a payment on your behalf and the service charges the payment to this account, we may charge a transaction fee for the payment. These transaction foes are finance charges. We add the fee to ilia balance for the related category as of the transaction date of the cash advance. For example, a transaction fee for a cash advance would be added to your cash advance balance. Transaction Fees for Balance Transfers: We may charge you a'balance transfer fee in the amount stated in the Rates and Fees fable for balance transfer checks and balance transfers. These ironsoclion fees are lnance charges. We add the fee to the balance for the related uategory as of the transaction date of the balance transfer, For example, a transaction fee for a balance transfer would be added to your balance transfer balance. OTHER FEES AND CHARGES We mny charge the following fees. The amounts of these fees are listed in ilia Rates and Fcas Table. These leas will be added to the balance for purchases made during the billing cycle. Annual Membership Fee; If your account has an annual membership fee, it will be billed uk,ch year or in monthly installments (ds stated in the Rates and fees Table), whether or not you use your account, and you agree to pay ii when billed. The annual Page 2 of 6 CMA12762 membership fee is non-refundable unless you notify us that you wish to close your account within 30 days of the date we mail your billing statement on which the annual membership toe is charged and at the sometime, you pay your outstanding balance in full. Your payment of the annual membership fee does not affect our right to close your account or limit your right to make transactions on your account. it your account is closed by you or us, we will continue to charge the annual membership fee until you pay your outstanding balance in full and terminate your account relationship. Late Fee: If we do not receive at least the required minimum payment by the date end time it is due as shown on your billing statement for any billing cycle, we may charge the late fee shown in the Rates and Fees Table. It the late.fee is based on a balance, we calculate the late fee using the Previous Balance on the current month's statement that shows the late lee. This balance is the same as the New Balance shown on the prior month's statement for which we did not receive at least the required minimum payment by ilia date and time it was due. Dverlimit Fee: It your account balance is over your credit line at any time during a billing cycle, even it only for a day, we may charge an overlimit fee. We may charge this fee even it your balance is overthe credit line because of a finance charge oriee we imposed or a transaction we authorized. We will not charge more than one overlimit fee lot any billing cycle. But we may charge an overlimit fee in subsequent billing cycles, even line new transactions are made on your account, if your account balance still is over your credit Ono at any time during the subsequent billing cycles. Return Payment Foe: if (a) your payment chock or similar instrument Is not honored, (b) an automatic debit or other electronic payment is returned unpaid, or (c) we must return a payment check because it is not signed or cannot be processed, we may charge a return payment lee. Return Check Fee: If (a) we stop payment on a cash advance chock or balance transfer chock atyour request, or (blwe re(use to pay a cash advance chuck or balance transfer check, we may charge a return check fee. Administrative Fees: if you request a copy of a billing statement, sales draft or other record of your account or if you request two or more cards or any special services (for example, obtaining cards on an expedited basis), we may charge you for these services. However, we will not charge, you lot copies of billing statements, sales drafts or similar documents that you request f or a billing dispute you may a ssen against us under applicable law, We may charge, for any services listed above and other services we provide, the fees from time to time in effect when we offer the service. DEFAULT/COLLECTION We may consider you to be in default if any of these occurs: We do not receive at least the minimum amount due by the date and time due as shown on your billing statement. You exceed your credit line. • You fail to comply with file terms of this agreement or any agreement with one of our related companies. We obtain information that causes us to believe that you may be unwilling or unable to pay your debts to us or to others on time. • You fife for bankruptcy. • You become incapacitated or in the event of your death, It we consider. your account to be in default, we may close your account without notice and require you to pay your unpaid balance immediately, We also may require you to pay interest at the rate of two percent (2%) a month on the unpaid balance when we deem your account to be six or more billing cycles past due. To the extent permitted by low, it you are in default because you hove failed to pay us, you will pay our collection costs, attorneys' fees, court costs, and all other expenses of enforcing our rights under this agreement. CLOSING YOUR ACCOUNT You may close your account at any time. If you call US to close your account, we may require that you confirm your request in writing. We may close your account at any time or suspend your credit privileges at anytime for any reason without prior notice except as required by applicable law. If we close your account, we will not be liable to you for any consequences resulting Irom closing your account or suspending your credit privileges. 11.you or we close your account, you and any authorized users most immediately stop using your account and destroy all cards, checksor othermeans to accessyour account or return there to us upon request. You will continue to be responsible for charges to your account, even if they are made or processed after your account is closed and you will be required to pay the outstanding balance on yoer account according to the terms of this agreement. In addition, to the extent allowed by law, we may require you to pay the outstanding balance immediately or at any time after your account is closed. ARBITRATION AGREEMENT PLEASE READ THIS AGREEMENT CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT. YOU WILL NOT BE ABLE TO BRING A, CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT SUCH AS THAT IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION, NOR WILL YOU BE ABLE TO BRING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU WILL NOT BE ABLE TO BE PART OF ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE, OR BE REPRESENTED IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, IN THE ABSENCE OF THIS ARBITRATION AGREEMENT, YOU AND WE MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS IN A COURT, BEFOREA JUDGE OR JURY, ANDlORTO PARTICIPATE OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS AND OTHER REPRESENTATIVE ACTIONS). OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO A COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL'THE DECISION MAY BE MORE LIMITED. EXCEPT AS OTHERWISE PROVIDED BELOW;THOSE RIGHTS ARE WAIVED. Binding Arbitration. This Arbitration Agreement is made pursuant to a transaction Involving interstate commerce, and shall be governed by and be enforceable under the Federal Arbitration Act (the "FAA'), 9 U.S.C. § 1-16 as it maybe amended. This Arbitration Agreement setsforth the circumstancos and procedures underwhich claims (as defined below) may be resolved by arbitration instead of being litigated in court. Parties Covered. Far the purposes of this Arbitration Agreement,'we%'us', and "our' also includes our parent, subsidiaries, affiliates, licensees, predecessors, successors, assigns, any purchaser of your Account, and all of their officers, diroctors, employees, agents, and assigns or any and all of them. Additionally, "we", "us" and "our' shall include any, third party providing benefits, services, or products in connection with the Account (including but not limited to credit bureaus, merchants that accept any credit device issued under the Account, rewards programs and enrollment sorvicos, credit insurance companies, debt collectors, and all of their officers, directors, employees, agents and rspresentativos) if, and only 11, such a third party is named by you as a co•delendant in any Claim you nsson against Os. Claims Covered, Either you or we may, without the other's consent, elect mandatory, binding arbitration of any claim, dispute or controversy by either you or us against the other, or against the employees, parents, subsidiaries, affiliates, beneficiaries, agents or assigns of the other, arising from or relating in any way to the Cardmember Agreement, any prior Cardmember Agreement, your credit card Account or the advertising, application or approval of your Account ("Claim'). This Arbitration Agreement governs all Claims, whether such Claims are based on law, statute, contract, regulation, ordinance, tort, common law, constitutional provision, or any legal theory of law such as respondeat superior, or any other legal or equitable ground and whether such Claims soak as remedies money damages, penalties, injunctions, or declaratory or equitable relief, Claims subject to this Arbitration Agreement Include Claims regarding the applicability of this Arbitration Agreement or the validity of the entire Cardmember Agreement or any prior Cardmember Agreement, This Arbitration Agreement includes Claims that urose in the pest, or arise in the present or the future. As used in this Arbitration Agreement, the term Claim is to be given the broadest possible meaning. Claims subject to arbitration include Claims that are made as counterclaims, cross claims, third party claims, interpleaders or otherwise, and a party who initiates a proceeding in court may elect arbitration with respect to any such Claims advanced in the lawsuit by any patty or parties. As an exception to this Arbitration Agreement, you retain the right to pursue in a small claims court any Claim that is within that court's jurisdiction and proceeds on an individual basis. If a party elects to arbitrate a Claim, the arbitration will be conducted as an individual action. Neither you nor we agree to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed on such basis. This means that even if a class action lowsuit or other representative action, such as that in the form of a private attorney general action, is filed, any Claim between us related to the issues raised in such lawsuits will be subject to an individual arbitration claim if either you or we so elect. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. The only Claims that may be joined in an individual action under this Arbitration Agreement are (1) those brought by us against you and any co-applicant, joint cardmamber, or authorized user of your Account, or your heirs or your trustee in bankruptcy or (21 those brought by you and any co-applicant, joint cardmamber, or authorized user of your Account, or your heirs or your trustuo in bankruptcy against us Initiation of Arbitration. The party filing a Claim in arbitration must choose one of the following two arbitration administrators: American Arbitration Association; or National Arbitration Forum. These administrators are independent Iron us. The administrator does not ccnduct the arbitration. Arbitration is conducted under the rules of the selected arbitr :ion administrator by an impartial third party chosen in accordance with the rules of the selected arbitration administrator and as may be provided in this Arbitration Agree cant, Any arbitration hearing that you attend shall be hold at a place chosen by ilia arl:itretor or arbitration administrator within the federal judicial district in which you residu at the time the Claim.is.tied, or at some other place to which you and we agree in writhe,,. You may obtain copies of the current rules of each of the two arbitration administrators, information about arbitration and arbitration fees, and instructions for inftiaLrg arbitration by contacting the arbitration administrators as follows: Amerhmn Arbitration Association, 335 Madison Avenue, Floor 10, Now York, NY 100ti •4605, Web site; www.adi.org, 800-778-7879; or National Arbitration Forum, AU. Box 50191, Minneapolis, MN 55405, Web site: www.irbitration-forum.com, 800.474.2371, Procedures and law applicable in arbitration. A single, neutral arbitrator will resolve Claiia;. The arbitrator will either be a lawyerwith at least ten years experience ore retired or ftrmer judge. The arbitration will be conducted under thu applicable procedures and ides of the arbitration administrator that are in oHaci on the date the arbitration is filed unless those procedures and rules are inconsistont with this Arbitration Agreement, in which case this Agreement will prevail, Those procedures and rules maylimii the amount of d scovery available to you or us. The arbitrator will apply applicable substantive law consistantwith the FAA and applicable statutes of limitations, and will honor claims of privilego recognized at law. Yet) may choose to have a hearing and be represented by couisel.Tho arbitrator will take reasonable steps to protect customer Ac count inform ation and other confidential information, including the use of protective orders to prohibit disclusvre outside the arbitration, if requested to do so by you at us. The arbitrator will have the power to award to a party any darnages or other relief provided for under applicsble law, and will not have the power to award relief to, against, or for the benefit of amt person who is not a party to the proceeding. If the law authorizes such relief, the arbitrator may award punitive damages or attorney foes. The arbitrator will make any award inwriting but need not provide a statementof reasons unless requested by a party. Upon a request by you or us, the arbitrator will provide a brief statement of the reasons for the award. CoOn. We will reimburse you for the initial arbitration filing fee paid by you up to the amo..mt of $500 upon receipt of proof of payment. Additionally, fl there is a hearing, we Page 3 of 6 CMA12762 will pay ally lees of the arbitrator and arbitration administrator forth a first two days of that hearing. Tile payment of any such hearing fees by us will be made directly to the arbltration administrator selected by you or us pursuant to this Arbitration Agreement. All other fens will be allocated In keeping with the rules of the arbitration administrator and applicable law. However, we will advance or reimburse filing fees and other fees if the arbitration administrator or arbitrator determines there is good reason for requiring us to do so or you ask us and we determine there is good.cause for doing so, Each party will bear the expense of the fees and costs of that party's attorneys, experts, witnesses, documents and other expenses, regardless otwhich party prevails, for arbitration and any'appeal (as permitted below), except that the arbitrator shall apply any applicable law in determining whether a party should recover any or all fees and costs from another party. Enforcement, finality, appeals. Failure or any delay in enforcing this Arbitration Agreement at any time, or in connection with any particular Claims, will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. Any decision rendered in such arbitration proceeding will be final and binding on the parties, unless a party appeals inwriting to the arbitration organization within 30 days of issuance of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the same arbitration organization. The ponefwill reconsider all factual and legal issues anew, follow the same rules that apply to a proceeding using a single arbitrator, and make decisions based on the vote of the majority. Each party will bear their own fees, costs and expenses for any appeal, but a party may recover any or all fees, costs and expenses train another party, if the majority of the panul of arbitrators, applying applicable low, so determines. An award in arbitration will be enforceable as provided by the FAA or other applicable law by any court having jurisdiction. Severability, survival. This Arbitration Agreement shall survive: (i) termination or changes in the Cardmember Agreement, the Account and the relationship between you and us concerning the Account, such as the issuing of a new account number of file 'transferring of the balance in the Account to another account; Iii) the bankruptcy of any party or any similar proceeding initiated by you or on your behalf; and (iii) payment of the debt in full by you or by a third party. If any portion of this Arbitration Agreement is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. CHANGES TO THIS AGREEMENT We can change this agreement at any time, regardless of whetheryou have access to your account, by adding, deleting, or modifying any provision. Our right to add, delete, or modify provisions includes financial terms, such as the APRs and fees, and other forms such as the nature, extent, and enforcement of the rights and obligations you or we may have relating to this agreement. Modifications, additions, or deletions are called "Changes" or a "Change". We will notify you of any Change it required by applicable law. These Changes may be effective with notice only, at the time stated in our notice, in accordance with applicable law. Unless we state otherwise, any Change will apply to the unpaid balances on your account and to new transactions. . . The notice will describe any rights you may have with respect to any Change, and the consequences if you do or do not exercise those rights. For example, the notice may state that you may notify us in writing by a specified date it you do not went to accept certain Changes we are making. If you notify us in writing that you do not accept the Changes,your account maybe closed (if itis not already closed) and you will be obligated to pay your outstanding balance under the applicable terns of the agreement, If you do not notify us in writing by the date stated in the notice, or if you notify us but then use your account after the date stated in the notice, you will be deemed to accept all Changes in the notice and to accept and confirm all terms of your agreement and all Changes in prior notices we have sent you regardless of whether you have access to your account. CREDIT INFORMATION We may periodically review your cred,t history by obtaining information from credit bureaus and others. We may report information about you and your account to credit bureaus, including your failure to pay us on time. If you request additional cards on your account for others, we may report account information in your name as well as in the names of those other people. 11 you think we have reported inaccurate information to a credit bureau, you may write to us at the Cardmember Service address listed on your billing statement. Please include your name, address, account number, telephone number and a brief description of the problem. It available, please provide a copy of the credit bureau report in question. We will promptly investigate the matter and, if our investigation shows that you are right, we will contact each credit bureau to which we reported the information and will request they correct the report. II we disagree with you after our investigation, we will tell you in writing or by telephone. We will also notify the credit bureau that you dispute the information unless you let us know that you no longer dispute the information. NDTICES/CHANGE OF PERSONAL INFORMATION We will send cards, billing statements and other notices to you at the address shown in our files, Or, if this is a joint account, we can send billing statements and notices to any joint account holder. Notice to one of you will be considered notice to all of you and all of you will remain obligated on the account. If you change your name, address, or home, cellular or business telephone number or email address (if you efact to receive billing statements or other notices online), you must notify us immediately in writing at the address shown on your billing statement, We may, at our option, accept mailing address corrections from the United States Postal Service. We may contact you about your account, including for customer service or collection, at any address or telephone number as well as any'cellutar telephone number you provide us. TELEPHONE MONITORING AND RECORDING We, and if applicable, our agents, may listen to and record your telephone calls with us. You agree that we, and if applicable, our agents, may do so, whether you or we initiate the telephone call. INFORMATION SHARING You authorize us to share certain Information aboutyou and your account within our family of companies, and with others outside out family of companies including any company or organization whose name or mark may appear on the cards, as permingd by law. Our Privacy Policy, which is provided to you when you first receive an agreementand ai'leastonce each calendaryear thereafter, describes ourinformation sharing practices and the choices you have and directions you may give us about our sharing of information about you and your account with companies or organizations within and outside of out family of companies. ILLINOIS CARDMEMBERS Illinois low provides that we may not share information about you with companies or other organizations outside of our family of companies unless you authorize the disclosure or unless the disclosure falls under another exception in the law (such as sharing information to process your transactions or in response to a subpoena). You hereby agree that, if you choose not to exercise the applicable opt out described In our Privacy Policy, you will be deemed to have authorized us to share personal information we have about you (including information related to any of the products or services you may have with any of our companies) with companies or other organizations outside of our family of companies. ENFORCING THIS AGREEMENT We can delay enforcing or not enforce any of our rights under this agroemem without losing our right to enforce them in the future. If any of the terms of this agreement are found to be unenforceable, all other farms will remain in full lone. ASSIGNMENT We may assign your account, any amounts you owe us, or any of out rights and obligations under this agreement to a third party. The person to whom we make the assignment will be entitled to any of our rights that we assign to that person. GOVERNING LAW THE TERMSAND ENFORCEMENT OFTHIS AGREEMENTAND YOUR ACCOUNT SHALL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH FEDERAL LAW AND,TO THE EXTENT STATE LAW APPLIES, THE LAW OF DELAWARE, WITHOUT REGARD TO CONFLICT-OF-LAW PRINCIPLES. THE LAW OF DELAWARE, WHERE WE AND YOURACCOUNTARE LOCATED, WILLAPPLYNO MATTER WHERE YOU LIVE OR USE THE ACCOUNT. FOR INFORMATION Please call the Cardmember Service telephone number on your card or billing statement if you have any questions about your account or this agreement. YOUR BILLING RIGHTS Keep This Notice For Future Use This notice contains important information aboutyour rights and our responsibilities under the Fair Credit Billing Act. Notify Us In Case Df Errors Or Questions About Your Bill If you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a separate sheet at the Cardmember Service address shown on your billing statement. Write to us as soon as possible. We must hear from you no later than 00 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: • Your name and account number. • The dollar amount of the suspected error. • Describe the error and explain, If you can, why you believe there is an error. It you need more information, describe the item you are not sure about, If you have authorized us to payyour credit card bill automatically from your savings or checking account, you can stop the payment on any amount you think is wrong, To stop the payment your letter must reach us at least three business days before the automatic payment Is scheduled to occur. Your Rights And Our Responsibilities Alter We Receive Your Written Notice We must acknowledge your letter within 30 days, unless we have corrected the urror by then. Within 90 days, we must either correct the error or uxplain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to bill you for the amount you question, including finance charges, and we can apply any unpaid amount against your credit line. You do no+ have to pay any questioned amount while we are investigating, but you are still ob igated to pay the parts of your bill that are not in question. If we find that :re made a mistake on your bill, you will not have to pay any finance charges relatt-0 to any questioned amount, If we didn't make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioneJ amount. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pry the amount that we thinkyou owe, we may report you as delinquent, However, if ow explanation does not satisfy you and you write to us within 10 days telling us that tou still refuse to pay, we must tell anyone we report you to that you have a question about your bill. And, we must tall you the name of anyone we reported you to. We musttell anyone we report you to that the matter has boon settled between us when it finally is. If we don't foiiow these rules, we can't collect the first $50.00 of the questioned amount, even if your bill was correct. Special Rules for Credit Card Purohnae5 Page 4 of 6 CMA12762 It you have a problem with the quality of property or services that you purchased with a credit card„and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the property or services. This right does not apply to check transactions. Thera, are two limitations on this right: (aiYou must have made the purchase in your home state or, it not within your home state, within 100 miles of your current mailing address; and (b) The purchase price must have been more than $50.00. These limitations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. Copyright 02007 JPMorgan Chose & Co. All rights reserved, Page 5 of 6 CMA12762 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. 14904 relating to unsworn falsifications to authorities, that he is Ruben A. Alearaz (Name) Assistant Treasurer of Chase Bank, USA,-N.A. , plaintiff herein, that (Title) (Company) he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. (Sign ) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson t. _ Sheriff ~~~"~"r~ .lOdy S Smlth ~~+,.nt,, sY~' L iur~ii~~~i ~ (~ ~~ ~.,~~J~fY'i1 Chief Deputy 811 MA'I< I ~ A~'I 8~ 41 Edward L Schorpp Solicitor `` ` ,`- ,~i-~ (~~(,`at} +,i~ ~~~ Chase Bank USA, N.A. vs. Case Number Janet S. Geibel 2010-3034 SHERIFF'S RETURN OF SERVICE 05/10/2010 04:14 PM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on May 10, 2010 at 1612 hours, she served a true copy of the within Complaint and Notice, upon the within namec defendant, to wit: Janet S. Geibel, by making known unto Jennifer Geibel, Daughter of defendant at 343 Liberty Court, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. ~ ` - ts~- MICHELLE GUTSHALL, DEPUTY SHERIFF COST: $37.00 May 11, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ir. 1.,0UnfySuite Sheriff. 7eieosofP. Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~ ~, CHASE BANK USA, N.A., Plaintiff, vs. JANET S. GEIBEL, Defendant. ~ ~~ `=' ~ Civil Division ~~i-, z~ = ~ . -~• r~ ~.; No. 10-3034 1 ~ .~ ;:, ,._. ~ Code No. ~ ~ ~~ PRAECIl'E FOR APPEARA l~E PRAECIPE FOR APPEARANCE TO THE PROTHONOTARY: -,~ ~~ _.~ . _~... .'~ -F x' ~~ ~~: -< Kindly enter the appearance of Stratton & Feinstein, P.A., specifically Joseph P. Kania, Esq., as counsel for Defendant Janet S. Geibel in the above captioned case. Respectfully Submitted, Date: May ~-3, 2010 STRATTON & FEINSTEIN, P.A. ~ ~~ Je~eph P. Kania, Esq. Counsel for Defendant 30 Park Road Tinton Falls, NJ 07724 (732)544-4045 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE BANK USA, N.A., Civil Division Plaintiff, No. 10-3034 vs. Code No. JANET S. GEIBEL, PRAECIPE FOR APPEARANCE Defendant. CERTIFICATE OF SERVICE I, Joseph P. Kania, Esquire, hereby certify that I served a true and correct copy of the Praecipe for Appearance, on this ~j day of /~~~ , 2010, via United States First Class Mail, upon Plaintiff's counsel: James C. Warmbrodt Weltman, Weinberg & Reis Co. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 J seph P. Kania, Esq. r + , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE BANK USA, N.A., Plaintiff, vs. JANET S. GEIBEL, Defendant. cn ~ ^~ ~' `~ Civil Division -r, ~ t:: r < ; ° ac ~ r, ~_ _ - No. 10-3034 ~ 1: ~ "" rn -~, ~ X~ _ Code No. `-- c ; '~-_ - ~;' c~ - ~ c~~ r ;:~ _:~ ''s -< ~" (~" y ,~ "~ ANSWER AND NEW MATTER AND NOW comes Defendant, Janet S. Geibel, by and through her undersigned counsel, Stratton & Feinstein, P.A. and Joseph P. Kania, Esq. specifically, and files the following Answer and New Matter, in support whereof, Defendant avers as follows: ANSWER TO COUNT I 1. As Defendant is without knowledge as to these averments, Paragraph 1 is denied. 2. Admitted. 3. The averments of Paragraph 3 are denied in their entirety. Any insinuation that the Defendant made a special instance and request to Plaintiff to be issued an account is denied. Strict proof to the contrary is demanded at time of trial. 4. The averments of Paragraph 4 are denied in their entirety. It is specifically denied that the Defendant received, accepted and used the account to her benefit. Strict proof to the contrary is demanded at time of trial. 5. The averments of Paragraph 5 are denied in their entirety. It is specifically denied that there is any default of the terms. Strict proof to the contrary is demanded at time of trial. 6. The averments of Paragraph 6 are denied in their entirety. Strict proof to the contrary is demanded at time of trial. 7. The averments of Paragraph 7 are denied in their entirety. Strict proof to the contrary is demanded at time of trial. 8. The averments of Paragraph 8 are denied in their entirety. Strict proof to the contrary is demanded at time of trial. WHEREFORE, Defendant Janet S. Geibel requests this Honorable Court to enter judgment in her favor and against Plaintiff, Chase Bank USA, N.A., together with costs of defense. NEW MATTER 9. Defendant hereby incorporates all preceding paragraphs as referenced. 10. Relief is barred in whole or in part by the statute of limitations. 11. Relief is barred in whole or in part by accord and satisfaction. 12. Relief is barred in whole or in part by consent. 13. Relief is barred in whole or in part by discharge in bankruptcy. 14. Relief is barred in whole or in part by estoppels. 15. Relief is barred in whole or in part by failure of consideration. 16. Relief is barred in whole or in part by fraud. 17. Relief is barred in whole or in part by impossibility of performance. 18. Relief is barred in whole or in part by justification. l9. Relief is barred in whole or in part by illegality. 20. Relief is barred in whole or in part by laches. 21. Relief is barred in whole or in part by license. 22. Relief is barred in whole or in part by payment. 23. Relief is barred in whole or in part by release. 24. Relief is barred in whole or in part by statute of frauds. 25. Relief is barred in whole or in part by failure to mitigate damages. 26. Relief is barred in whole or in part by unclean hands. 27. Relief is barred in whole or in part by waiver. 28. Plaintiff has failed to state a claim upon which relief maybe granted. 29. Relief is barred because the terms of the putative contract are unconscionable or otherwise unenforceable. 30. Relief is barred because Plaintiff's Complaint is preempted by compulsory arbitration and Answering Defendant demands compliance with same. WHEREFORE, Defendant, Janet C. Geibel, requests this Honorable Court to enter judgment in her favor and against Plaintiff, Chase Bank USA, N.A., together with costs of defense. Date: Ma ~ 2010 Respectfully Submitted, STRATTON & FEINSTEIN, P.A. J eph P. Kania, Esq. Counsel for Defendant 30 Park Road Tinton Falls, NJ 07724 (732) 544-4045 ~~ z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE BANK USA, N.A., Plaintiff, vs. JANET S. GEIBEL, Defendant. Civil Division No. 10-3034 Code No. ANSWER AND NEW MATTER VERIFICATION I, Joseph P. Kania, Esq. as counsel for Defendant, Janet S. Geibel, verify that the facts set forth in this Defendant's Answer and New Matter are true and correct to the best of my knowledge, information, and belief. Due to time constraints, the verification signed by the Defendant will follow. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA C.S.A. § 4904) related to unsworn falsification to authorities. BY: ~~ J seph P. Kania, Esq. Attorney for Defendant DATE: ~~c ~ ~0 I ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE BANK USA, N.A., Plaintiff, vs. JANET S. GEIBEL, Defendant. Civil Division No.10-3034 Code No. ANSWER AND NEW MATTER CERTIFICATE OF SERVICE I, Joseph P. Kania, Esquire, hereby certify that I served a true and correct copy of the foregoing Answer and New Matter on this /~ day of ~~ 2010 via United States First Class Mail, postage prepaid, upon the following counsel of record: James C. Warmbrodt Weltman, Weinberg & Reis Co. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 BY: - ~~ seph P. Kania, Esq. Attorney for Defendant ElLEt}%1tT r c ,? pc.SCvS ? .r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. JANET S GEIBEL Defendant(s) No. 10-3034 CIVIL PRAECIPE TO SETTLE, DISCONTINUE AND END WITH PREJUDICE TO REFILE FILED ON BEHALF OF' Plaintiff COUNSEL OF RECORD OF THIS PARTY: Lyndsay E Rowland, Esquire PA I.D. #205520 WELTMAN, WEINBERG & REIS CO., L.P.A 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR#7958711 CHI IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. Civil Action No. 10-3034 CIVIL, JANET S GEIBEL Defendant(s) PRAECIPE TO SETTLE DISCONTINUE AND END WITH PREJUDICE TO REFILE TO THE PROTHONOTARY OF COUNTY: Settle, Discontinue and End With Prejudice to Refile the above-captioned matter upon the records of the Court and mark the costs paid. WELTM N, WEINBERG & REIS CO., ( .P.A. By: Lyndsay R0 lan , Es uire PA I.D. 420 5 0 WELTMAN, EINBERG & REIS CO., L.P.A 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR47958711 Sworn to and subscrjbed Before me they' Day of NOTARY PUBLIC cOMMONWEALTH OF PENNSYV4AN1A Notarial Seal Sheila G. Bevan, Notary Public Ross Twp„ Allegheny County 1 My Commission Expires Nov. 15, 2010 N!emb2r. Pennsvivanla Association of Notaries